10 years long residence applications

[rmkirfan]

Hi all. I have the a situation and I really need some help from the members. I have 32 days short from the date of entry. (24 days short from the date of entry clearance which may not be accepted to my understanding). Some solicitors are advising me to apply for further leave and vary the application to SET (LR). Others are telling that it should not be a problem to apply using SET (LR) as the application will fall within 10 years at the time of decision taken.
Data about visa:
Entry clearance on student visa: 10/09/2003.
Entered UK: 18/09/2003.
Current PSW visa expired: 16/08/2013.
So 32 days short from the date of entry. (24 days short from the date of entry clearance which may not be accepted to my understanding)

My wife is in my dependent visa. What application form should I use for her application?
May I get some quick advice from senior forum members please?

1. I don't think the entry clearance date counts... it is the date you have entered the UK... this is what I got from the documents (numerous amounts by the way) I read regarding this ILR 10 yrs route... and of course if someone found something which contradicts to what I am saying your lucky... however please ask them to put forth their argument with a valid evidence...

2. If your 28 days short ..its absolutely fine and you can apply... they will exercise the discretionary provided everything else has been ok... but 32 days is bit complicated... they might or they might not ... and the chances of they might not are more likely...
so I would do what your solicitor has said... apply for something else (whatever the relevant category for you is ) and then vary it to the ILR after few days.... in that way you shouldn't technically loose money...

I would personally suggest the same...however if any one else has some other suggestions ... we can debate further

3. your wife will have to apply for the dependent visa on whatever category your applying and then vary it to FLR(M)...

All in all its a bit complicated case and I would advice you to get a decent solicitor...

Refer to below statement with ref to UKBA web

http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/

Your 10-year qualifying period starts from either:

the date when you arrived in the UK with a visa; or
the date you were given permission to stay in the UK.
You can apply from 28 days before your 10 year qualification period.

I too agree with your solicitor and saanju, It would be on safe game to apply for suitable category and vary LR.keep other options open.

[jony_dhaka]

Don't worry ukba is the fastest when it come to take our money . normally within one week

Hi Guys,

How long UKBA will take to debit my account? I paid with UK VISA debit card details?

[ppycrmt]

Couldn't put it myself better.

Don't worry ukba is the fastest when it come to take our money . normally within one week

Hi Guys,

How long UKBA will take to debit my account? I paid with UK VISA debit card details?

[mithon]

hello,....last year i applied ILR(O) in 10 years residency,unfortunately i got refused, for very of leave which means i had some gap in my 10 years period,according my refusal latter gap is for 2month 18 days........ the problem was happened in year 2004 one of my visa extension was void for "bank cheque" was return....then i was warred lot and i lost my faith over postal application and decided to apply PEO application....but i got appointment in december 2004 which is 2 month 18 days after my last visa expire.....anyway that was my very bad luck,now i did appeal for it so i dont know what will be happen after it....can some body advice please........please note i have very small family with me they were my dependant......thank you

[Bhupal]

Is there anyone for May 2013 ILR application,who got ILR.

[Bhupal]

Is there anyone who applied May 2013 ILR????

[goodies901]

Is there anyone who applied May 2013 ILR????

Why, have you got yours?
I applied in April.

[lloyd]

Hi All,

I arrived UK 1st Sep 2003 and am applying for ILR - 10yr Residence this week. I just wanted to find out if i need to add a supporting letter stating the gap in my 10 yr history.

The Gap was as a result of an in time application i made many years ago and it took them more than 4yrs to reply me and got refused with right of apeal. I understand that by virtue of Section 3C my previous leave still made me legal and my appeal was successful.

So the gap between when my visa expired in their hands while application was pending to refusal and winning appeal was about 3years. All appeals done in time and have had 2 DLR's till now with the most recent expiring in 2015. I know they have records of this but does any one think i should remind them by adding a supporting letter just incase my application goes to an inexperience case worker like the ones showed on Channel 4 the other day??

[jony_dhaka]

Its always better give something then nothing ..so that they will not have to ask you again the reason of gap.. Your case is a bit complicated so i think you should .Get mentally prepared for long wait(6-10 month ) .

Wish u best

Hi All,

I arrived UK 1st Sep 2003 and am applying for ILR - 10yr Residence this week. I just wanted to find out if i need to add a supporting letter stating the gap in my 10 yr history.

The Gap was as a result of an in time application i made many years ago and it took them more than 4yrs to reply me and got refused with right of apeal. I understand that by virtue of Section 3C my previous leave still made me legal and my appeal was successful.

So the gap between when my visa expired in their hands while application was pending to refusal and winning appeal was about 3years. All appeals done in time and have had 2 DLR's till now with the most recent expiring in 2015. I know they have records of this but does any one think i should remind them by adding a supporting letter just incase my application goes to an inexperience case worker like the ones showed on Channel 4 the other day??

[jony_dhaka]

4 people applied in month of may form this forum including you . no one got it yet . you applied 12 weeks ago . It looks like this year people getting there ILR between 19 to 24 weeks . Except 4 people from January 2013 r still waiting (27,28 weeks ) and one person from February waiting 25 weeks .

I really feel sorry for people who are waiting more the 30 weeks from last year . May god bring peace upon their soul .

wish you best .

https://skydrive.live.com/view.aspx?res ... a-tT9RW8pw

Is there anyone who applied May 2013 ILR????

[amjadleeds]

4 people applied in month of may form this forum including you . no one got it yet . you applied 12 weeks ago . It looks like this year people getting there ILR between 19 to 24 weeks . Except 4 people from January 2013 r still waiting (27,28 weeks ) and one person from February waiting 25 weeks .

I really feel sorry for people who are waiting more the 30 weeks from last year . May god bring peace upon their soul .

wish you best .

https://skydrive.live.com/view.aspx?res ... a-tT9RW8pw

Is there anyone who applied May 2013 ILR????

Yes more than 30 week really stress situation sister in law died but cant go no passport no visa

[jony_dhaka]

Yes brother amjad i know May Allah rest her in peace . you could get her death certificate and fax ukba .I m not sure how effective it could be . I couldn't attend my only sister wedding and my 2 best friends wedding . My mum is diabetic and very sick ,no one there to look after her .

Don't be sad brother great things come with great sacrifice. I know you are going throw a bad time but think about people who live in the street and starving .At least we have a roof over our head .

Remember brother
''He is the richest and happiest who appreciate what he has ''

Wish you the best .

4 people applied in month of may form this forum including you . no one got it yet . you applied 12 weeks ago . It looks like this year people getting there ILR between 19 to 24 weeks . Except 4 people from January 2013 r still waiting (27,28 weeks ) and one person from February waiting 25 weeks .

I really feel sorry for people who are waiting more the 30 weeks from last year . May god bring peace upon their soul .

wish you best .

https://skydrive.live.com/view.aspx?res ... a-tT9RW8pw

Is there anyone who applied May 2013 ILR????

Yes more than 30 week really stress situation sister in law died but cant go no passport no visa

[asjid73]

Hi Guys,

How long UKBA will take to debit my account? I paid with UK VISA debit card details?

They normally very quick to take money they received my case on 22 of April and took money next day from my debit card

[asjid73]

Hi All,

I arrived UK 1st Sep 2003 and am applying for ILR - 10yr Residence this week. I just wanted to find out if i need to add a supporting letter stating the gap in my 10 yr history.

The Gap was as a result of an in time application i made many years ago and it took them more than 4yrs to reply me and got refused with right of apeal. I understand that by virtue of Section 3C my previous leave still made me legal and my appeal was successful.

So the gap between when my visa expired in their hands while application was pending to refusal and winning appeal was about 3years. All appeals done in time and have had 2 DLR's till now with the most recent expiring in 2015. I know they have records of this but does any one think i should remind them by adding a supporting letter just incase my application goes to an inexperience case worker like the ones showed on Channel 4 the other day??

I think covering letter is very important i know many people they have some complications in their case but with a strong supporting letter they made their point and got their ilr i think you should go head.

[Zaman_Dhaka]

Hi all. I have the a situation and I really need some help from the members. I have 32 days short from the date of entry. (24 days short from the date of entry clearance which may not be accepted to my understanding). Some solicitors are advising me to apply for further leave and vary the application to SET (LR). Others are telling that it should not be a problem to apply using SET (LR) as the application will fall within 10 years at the time of decision taken.
Data about visa:
Entry clearance on student visa: 10/09/2003.
Entered UK: 18/09/2003.
Current PSW visa expired: 16/08/2013.
So 32 days short from the date of entry. (24 days short from the date of entry clearance which may not be accepted to my understanding)

My wife is in my dependent visa. What application form should I use for her application?
May I get some quick advice from senior forum members please?

1. I don't think the entry clearance date counts... it is the date you have entered the UK... this is what I got from the documents (numerous amounts by the way) I read regarding this ILR 10 yrs route... and of course if someone found something which contradicts to what I am saying your lucky... however please ask them to put forth their argument with a valid evidence...

2. If your 28 days short ..its absolutely fine and you can apply... they will exercise the discretionary provided everything else has been ok... but 32 days is bit complicated... they might or they might not ... and the chances of they might not are more likely...
so I would do what your solicitor has said... apply for something else (whatever the relevant category for you is ) and then vary it to the ILR after few days.... in that way you shouldn't technically loose money...

I would personally suggest the same...however if any one else has some other suggestions ... we can debate further

3. your wife will have to apply for the dependent visa on whatever category your applying and then vary it to FLR(M)...

All in all its a bit complicated case and I would advice you to get a decent solicitor...

Refer to below statement with ref to UKBA web

http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/

Your 10-year qualifying period starts from either:

the date when you arrived in the UK with a visa; or
the date you were given permission to stay in the UK.
You can apply from 28 days before your 10 year qualification period.

I too agree with your solicitor and saanju, It would be on safe game to apply for suitable category and vary LR.keep other options open.

So if I apply before 28 days and if they refuse me, will not I get permission to appeal? By the time of decision to refuse if I fulfil 10 years requirement then can I re-apply using new grounds to apply within 10 working days of refusal instead of going to appeal? In that case will my legality continue under 3c leave of section 5 ? Please let me know.

[jony_dhaka]

Your 10 year start counting the day when you have first enter the uk .

Brother zaman i think you should just extend because now a days UKBA is looking for a small clue to refuge people .Frankly speaking they don't want any non EU people to satellite in uk anymore (They are going throw economical depression and job crisis) . why taking risk with ur money .

BUT THERE IS A HOPE (28 days + 4 days = 32 days ) you will be compromised with 28 days . for this 4 days you can provide a solid cause covering latter that way you can save a lot of money and ur case will become less complicated .

MUST READ :
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 18 :

Example 3
An applicant has a single gap in their lawful residence due to submitting an application 34
days out of time. The applicant has provided a letter from their consultant stating they were
hospitalised during this period.
Question Would you be right to use discretion in this case?
Answer Yes. Even though the application was more than 28 days out of time,

Hi all. I have the a situation and I really need some help from the members. I have 32 days short from the date of entry. (24 days short from the date of entry clearance which may not be accepted to my understanding). Some solicitors are advising me to apply for further leave and vary the application to SET (LR). Others are telling that it should not be a problem to apply using SET (LR) as the application will fall within 10 years at the time of decision taken.
Data about visa:
Entry clearance on student visa: 10/09/2003.
Entered UK: 18/09/2003.
Current PSW visa expired: 16/08/2013.
So 32 days short from the date of entry. (24 days short from the date of entry clearance which may not be accepted to my understanding)

My wife is in my dependent visa. What application form should I use for her application?
May I get some quick advice from senior forum members please?

1. I don't think the entry clearance date counts... it is the date you have entered the UK... this is what I got from the documents (numerous amounts by the way) I read regarding this ILR 10 yrs route... and of course if someone found something which contradicts to what I am saying your lucky... however please ask them to put forth their argument with a valid evidence...

2. If your 28 days short ..its absolutely fine and you can apply... they will exercise the discretionary provided everything else has been ok... but 32 days is bit complicated... they might or they might not ... and the chances of they might not are more likely...
so I would do what your solicitor has said... apply for something else (whatever the relevant category for you is ) and then vary it to the ILR after few days.... in that way you shouldn't technically loose money...

I would personally suggest the same...however if any one else has some other suggestions ... we can debate further

3. your wife will have to apply for the dependent visa on whatever category your applying and then vary it to FLR(M)...

All in all its a bit complicated case and I would advice you to get a decent solicitor...

Refer to below statement with ref to UKBA web

http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/

Your 10-year qualifying period starts from either:

the date when you arrived in the UK with a visa; or
the date you were given permission to stay in the UK.
You can apply from 28 days before your 10 year qualification period.

I too agree with your solicitor and saanju, It would be on safe game to apply for suitable category and vary LR.keep other options open.

So if I apply before 28 days and if they refuse me, will not I get permission to appeal? By the time of decision to refuse if I fulfil 10 years requirement then can I re-apply using new grounds to apply within 10 working days of refusal instead of going to appeal? In that case will my legality continue under 3c leave of section 5 ? Please let me know.

[saanju9]

Hi all. I have the a situation and I really need some help from the members. I have 32 days short from the date of entry. (24 days short from the date of entry clearance which may not be accepted to my understanding). Some solicitors are advising me to apply for further leave and vary the application to SET (LR). Others are telling that it should not be a problem to apply using SET (LR) as the application will fall within 10 years at the time of decision taken.
Data about visa:
Entry clearance on student visa: 10/09/2003.
Entered UK: 18/09/2003.
Current PSW visa expired: 16/08/2013.
So 32 days short from the date of entry. (24 days short from the date of entry clearance which may not be accepted to my understanding)

My wife is in my dependent visa. What application form should I use for her application?
May I get some quick advice from senior forum members please?

Refer to below statement with ref to UKBA web

http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/

Your 10-year qualifying period starts from either:

the date when you arrived in the UK with a visa; or
the date you were given permission to stay in the UK.
You can apply from 28 days before your 10 year qualification period.

I too agree with your solicitor and saanju, It would be on safe game to apply for suitable category and vary LR.keep other options open.

There you go.... thanks mate....

I think your (Zaman_Dhaka) fine because your date of grant (entry clearance ) is well within 28 days...

I don't think you need to apply on another category and vary... however,
clearly mention in your cover letter and in the space given for you to give further details to support your application that you applied on the basis of date of entry clearance granted rather than the date entered[\b]

I think that will do the job...

[saanju9]

Your 10 year start counting the day when you have first enter the uk .

Brother zaman i think you should just extend because now a days UKBA is looking for a small clue to refuge people .Frankly speaking they don't want any non EU people to satellite in uk anymore (They are going throw economical depression and job crisis) . why taking risk with ur money .

BUT THERE IS A HOPE (28 days + 4 days = 32 days ) you will be compromised with 28 days . for this 4 days you can provide a solid cause covering latter that way you can save a lot of money and ur case will become less complicated .

MUST READ :
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 18 :

Example 3
An applicant has a single gap in their lawful residence due to submitting an application 34
days out of time. The applicant has provided a letter from their consultant stating they were
hospitalised during this period.
Question Would you be right to use discretion in this case?
Answer Yes. Even though the application was more than 28 days out of time,

Jony in this example they granted leave because of the medical condition and this example is completely different to Zaman's situation... that illustrates the scenario of submitting application out of date
where as Zaman's case is about completing the probationary period

Well after seeing the web page given by Rmkirfan I disagree with you that the 10 years start from the day someone has entered UK... it clearly states that
or
the date you were given permission to stay in the UK.

unless you have come across something which states that this is a wrong

Did you

Saanju

[suzuka23]

January Application and still waiting I just phoned UKBA again and all they said was that it's still on hold in the queue for a decision, but it has been looked at. So depressing!

[amjadleeds]

January Application and still waiting I just phoned UKBA again and all they said wabs that it's still on hold in the queue for a decision, but it has been looked at. So depressing!

Hi suzuka hope so you will get soon , look at me I have applied in October 2012 still waiting , sister in law died cant go , in the past due visa father in law died not went due case was in court even did nothing wrong, please pray for me, v will get positive decision soon, regards amjad

[suzuka23]

January Application and still waiting I just phoned UKBA again and all they said wabs that it's still on hold in the queue for a decision, but it has been looked at. So depressing!

Hi suzuka hope so you will get soon , look at me I have applied in October 2012 still waiting , sister in law died cant go , in the past due visa father in law died not went due case was in court even did nothing wrong, please pray for me, v will get positive decision soon, regards amjad

Amjad, have you contacted your local MP to see what they can do ?

[jony_dhaka]

People come to uk with a visa but not everyone get a permission to stay .

I hope you are right saanju but if he get refused please don't blame me coz i did warn him . If i was him i would go for a temporary extension then apply after few days later (when there is no risk involve of refusal)

Your 10 year start counting the day when you have first enter the uk .

Brother zaman i think you should just extend because now a days UKBA is looking for a small clue to refuge people .Frankly speaking they don't want any non EU people to satellite in uk anymore (They are going throw economical depression and job crisis) . why taking risk with ur money .

BUT THERE IS A HOPE (28 days + 4 days = 32 days ) you will be compromised with 28 days . for this 4 days you can provide a solid cause covering latter that way you can save a lot of money and ur case will become less complicated .

MUST READ :
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 18 :

Example 3
An applicant has a single gap in their lawful residence due to submitting an application 34
days out of time. The applicant has provided a letter from their consultant stating they were
hospitalised during this period.
Question Would you be right to use discretion in this case?
Answer Yes. Even though the application was more than 28 days out of time,

Jony in this example they granted leave because of the medical condition and this example is completely different to Zaman's situation... that illustrates the scenario of submitting application out of date
where as Zaman's case is about completing the probationary period

Well after seeing the web page given by Rmkirfan I disagree with you that the 10 years start from the day someone has entered UK... it clearly states that
or
the date you were given permission to stay in the UK.

unless you have come across something which states that this is a wrong

Did you

Saanju

[jony_dhaka]

Amjad

1: When you called UKBA . what have they said to you ?
2, Have you checked your previous home address ? i know UKBA sent some one's ILR and documents to his previous home address by mistake .
3. did you contact your local MP ?
4.If you think your case is straight forward .Do you think there might be any problem in you visa history that you are ignoring at the moment .
5. Did you get any point in your driving license if you have one ?
6. Did you apply for yourself or involved your dependent by mistake in a same application SET (O) ?


People who applied before and after you getting there ILR .. in your case must have a issue i guess . Plz double check your application and passport photocopy and let us know.

January Application and still waiting I just phoned UKBA again and all they said wabs that it's still on hold in the queue for a decision, but it has been looked at. So depressing!

Hi suzuka hope so you will get soon , look at me I have applied in October 2012 still waiting , sister in law died cant go , in the past due visa father in law died not went due case was in court even did nothing wrong, please pray for me, v will get positive decision soon, regards amjad

[saanju9]

People come to uk with a visa but not everyone get a permission to stay at the airport .

I hope you are right saanju but if he get refused please don't blame me coz i did warn him . If i was him i would go for a temporary extension then apply after few days later (when there is no risk involve of refusal)

Ok Just to be clear.... we give advises and point out to information here ... and decision has to be made by the person whose applying... So no blame game here... don't worry

Well the point is valid...but it clear states that the date the permission granted is valid...
and yes your right not everyone who gets entry clearance are allowed at the gates in the heathrow... however, this person has been in UK... his case is not been refused at the borders to enter UK... so in my opinion he shouldn't have a problem...

however, the varying application way of doing this is a safe bet..

regards..

[saanju9]

Many thanks for you reply. When I will switch my visa from Tier4 Doc. Ext. Sche. to ILR then my dependent' visa category should be changed. Otherwise she will be no longer Tier 4 dependent.

there is no set time she should change to ILR dependent using FLR (LR)(from 6th April 2013)..

They only said as soon as possible ...

So that will fetch you some time for you to find a job ...

and u might or might not need to meet the financial threshold depending on when she was granted her first PBS dependent visa...